If you are charged with a DUI at the scene of an accident, does that automatically make the accident your fault?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you are charged with a DUI at the scene of an accident, does that automatically make the accident your fault?

Asked on October 5, 2012 under Criminal Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact that you are charged with a DUI, by itself, does not automatically make a person at fault for an accident.  However, it has historically been deemed a good indicator of who was at fault.  There does tend to be a heavy bias against persons who are charged with DUI and who are involved in an accident.  At trial, you would have the right to refut the evidence with any other available evidence.  For example, if an eye witness states that the other car clearly ran a stop sign and hit you, then the eye witness testimony and physical evidence would support a negation of liability.  Even with the bias, a plaintiff still has the responsibility of proving causation-- which means showing that an accident would not have happened "but for" your actions. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption